MOHD SHAFI Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 27.12.2000 passed in Sessions Case No.420 of 1998 on the file of the Special Judge for trial of cases under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad, by which the learned Additional Metropolitan Sessions Judge convicted accused Mohd. Shafi for the offences punishable under Sections 332 and 333 of I.P.C., and sentenced him to suffer rigorous imprisonment for six months for the offence under Section 332 of I.P.C., and rigorous imprisonment for two years and pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month for the offence under Section 333 of I.P.C.

(2.) The appellant herein is the sole accused in S.C. No.420 of 1998 on the file of Special Judge for trial of cases under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad. He was put up for trial before the learned Additional Metropolitan Sessions Judge for the offences punishable under Sections 332 and 333 of I.P.C.

(3.) The case of the prosecution in brief is ;- PW.1 Mohd. Khaisar was the driver and PW.2 Mohd. Abdul Samad was the conductor of the bus bearing No.AEZ 2191 of Mehdipatnam Depot of A.P.S.R.T.C. P.W.I was driving the bus from Charminar to Golkonda Fort on 15.11.1997. The bus reached Bazar Ghat by 7.30 p.m. While the bus was taking turn at Bazarghat cross roads, the appellant/accused came on a scooter bearing No.AP 9A 3932 from opposite direction at high speed and questioned PW.1 about his manner of driving the bus. PW.1 replied that he was driving the bus properly and cautiously. The appellant/accused without minding the reply started abusing PW1. PW.2, the conductor of the bus tried to pacify the appellant/ accused, who did not heed to the words and fisted PW.2. It is further alleged that the appellant/accused boarded the bus and beat PW.1 on his face and in the meanwhile the passengers intervened and prevented the appellant/accused from giving further blows on PW.2. The bus proceeded further and reached Neilopher Hospital. The appellant/accused followed the bus on the scooter and parked his scooter opposite to the bus. He picked up a stick and tried to beat PW.1. In the meanwhile PW.2 intervened and received injuries on right hand. The passengers interfered and pacified the matter. PW.1 went to Nampally Police Station and presented Ex.Pl report. PW.7 received Ex.P1 report on 15.11.1997 at 8.00 p.m., and registered a case in Crime No.168/97 and issued Ex.P6 F.I.R. He examined PW.1 and PW.2 and recorded their statements and sent them to Hospital for medical examination. He proceeded to the scene where he examined PW.4 and recorded his statement. PW.5 Dr. V. Harinadha Reddy, Civil Assistant Surgeon, Government Osmania Medical College, Hyderabad medically examined PW.l and PW.2 on 15.11.1997 at about 8.45 p.m., and issued Exs.P2 and P3 Wound Certificates. He found the following injuries on the person of PW.1:- 1) One contusion over right zygoma and tenderness positive (area just near the eye is called zygoma) 2) Contusion over right forearm; and it is also tenderness positive. He classified both the injuries as simple in nature. He opined that the injuries found on him could be possible with any blunt object or by fisting. The injuries found by him on the person of PW.2 are:- 1) Swelling and tenderness of left scrotum, 2) Soft tissue swelling with tenderness on the lateral aspect of dorsum of right hand, 3) Abrasion measuring 3 cm x 1 cm just infront of the left ear. He opined that the injury No.1 is possible by fisting or kicking on the scrotum, and injury No.2 is possible by using hard and blunt object like stick. He classified the injury No.2 as grievous in nature as the X- ray report revealed fracture of right 5th meta carpal bone. PW.7 M. Sudarshan, Sub-Inspector of Police, Nampally Police Station apprehended the appellant/accused on 17.11.1997 at 9.30 a.m., and brought him to Nampally Police Station. It is stated that the appellant/accused confessed the offence and led PW.7 and panchas to the place of concealment of the weapon used in the commission of the offence. In pursuance of the disclosure of statement of the appellant/ accused, MO.1 stick came to be seized under the cover of Ex.P5 panchanama in the presence of PW.6 Mohd. Chand and another. After completing investigation LW.10 Guravaiah, Sub-Inspector of Police laid charge-sheet in the Court of XV Metropolitan Magistrate, Hyderabad. The learned Magistrate took the case on file as PRC.No.11 of 1998 and committed the case to the Metropolitan Sessions Division, Hyderabad. The learned Metropolitan Sessions Judge took the case on file as Sessions Case No.420 of 1998 and made over the case to in Additional Metropolitan Sessions Judge for disposal according to law. On appearance of the accused and on hearing the prosecution and the accused, the learned Additional Metropolitan Sessions Judge framed the charges under Sections 332 and 333 of I.P.C., read over and explained the same to the appellant/accused. The appellant/accused pleaded not guilty and claimed to be tried. To substantiate the charge levelled against the appellant/accused, the prosecution examined PWs.1 to 7 and marked Exs.P1 to P6 and MO.1. On behalf of the appellant/accused neither ocular nor documentary evidence was adduced. On appreciation of the evidence brought on record, the learned Additional Metropolitan Sessions Judge found the appellant/accused guilty of the offences punishable under Sections 332 and 333 of I.P.C., convicted him accordingly and sentenced him to suffer rigorous imprisonment for six months for the offence under Section 332 of I.P.C., and rigorous imprisonment for two years and pay a fine of Rs.1,000/- in default to suffer simple imprisonment for one month for the offence under Section 333 of I.P.C. Assailing the judgment of conviction and sentence passed in Sessions Case No.420 of 1998 on the file of Special Judge for trial of cases under Essential Commodities Act-cum-III Additional Metropolitan Sessions Judge, Hyderabad, the accused has filed this Criminal Appeal.